Lakeshore Protection Committee

CITY OF WHITEFISH LAKESHORE PROTECTION COMMITTEE Date: Wednesday, June 8, 2022 Place: City Council Conference Room Recorded By: Dabney Langellier Members Present: Donna Emerson Roger Rowles Toby Scott Tara Zimmerman Members Absent: Peggy Brammer Nancy Schuber One vacant position Staff Present: Jessica Nymark 1. CALL TO ORDER Summary: Toby Scott, the committee chair, called the meeting to order at 6:03 pm. 2. AGENDA CHANGES Summary: None. 3. APPROVAL OF MARCH 16, 2022 MINUTES Summary: Members reviewed the minutes of March 16, 2022. ACTION: Donna Emerson made a motion to approve the minutes of March 16, 2022. Roger Rowles seconded the motion. All were in favor and the motion passed unanimously. 4. GENERAL PUBLIC COMMENT Summary: Koel Abell (355 Lost Coon Trail) requested the Committee address boat mooring in the Lakeshore Regulations. Having someone stay on a boat for a night or 2 seems reasonable, but not all summer. This has come up a couple of times and it would be beneficial to have something in the regulations before it becomes a problem. 5. UNFINISHED BUSINESS Summary: None. 6. PUBLIC HEARINGS & ACTION A. WLP 22-W21 – RICHARD BEENY Summary: The applicant is requesting to remove an existing stairway, wall, deck/porch, and stairs. In addition, they would like to install new steps, a path, dock, and waterline/pump. All of the work will be done at 737 Delrey Road. Dave Taylor summarized the staff report for members, noting a couple of key points: • The applicants wish to remove all existing structures that are nonconforming within the Lakeshore Protection Zone (LPZ). Page 1 of 5 Lakeshore Protection Committee June 8, 2022 • They are eligible for 796 square feet of constructed area. The proposed additions total 647 square feet. • Meets all conditions of Lakeshore Regulations. Recommendation: Staff is recommending approval of WLP 22-W21 with the 22 conditions of approval as noted in the staff report. Members reviewed the plans for this project. No one was present to represent this application and no one from the public spoke in regard to this application. ACTION: Donna Emerson made a motion to approve WLP 22-W21. Roger Rowles seconded the motion. All were in favor and the motion passed unanimously. B. WLV 22-W08 – BIRCH HILL HOA Summary: The applicant is requesting to extend the existing dock to exceed the allowable length. Dave Taylor summarized the staff report for members, noting a couple of key points: • Birch Hill HOA currently has a dock that serves 29 homeowners. It is 143 feet in length, has an ‘I’ shape, and has a surface area of 708 square feet. The dock extends into Monks Bay across a shallow mudflat. • Lakeshore regulations state no dock including gangway should exceed 100 feet in length. When water depth is less than 4 feet, dock length may be extended to reach the 4 foot depth, but not to exceed 100 feet in length. • The water depth profile submitted with the application shows the depth at the end of the 143-foot dock is 3 feet 2 inches. The requested 20-foot extension would gain the applicant 6 inches in depth at low water. • Currently, the applicant can fit 6 boats on their dock, but at low water only 2 boats fit. The requested extension will allow an additional 2 boats at low water. • The adjacent docks are at or above 100 feet. The Sheffels’ at 100 feet, Abell’s dock at 210, and Wildwood at 217. Consideration of Minor Variance • This is an unusual circumstance that is site specific due to the shallow bay and mudflat. The current dock only achieves 3 feet 2 inches in depth, which is less than the 4 feet depth allowed for docks up to 100 feet. All the landowners in Monks Bay face this issue and have docks that extend at or above 100 feet. Aerial photos show the mudflat extending to about 100 feet from the shoreline. • There is no reasonable alternative location for the dock and dredging is not allowed. In addition, changing the shape of the dock would not gain more depth. • There would be no water quality, wildlife habitat, or environmental impacts if the variance were granted. However, some of the neighbors have voiced the concern of potential navigation and safety concerns due to the large rock marked with a bouy and sand bar that boaters currently have to navigate around. • Based on the application not meeting all 3 criteria, staff is recommending denial of this application unless the applicant can demonstrate that there would not be a navigational hazard. If the application should be approved, there are a number of conditions that would have to be met as listed in the report. Recommendation: Staff is recommending denial of V22-W08. Members discussed the application with Dave, clarifying the following items: Page 2 of 5 Lakeshore Protection Committee June 8, 2022 • The applicant is not increasing the size of the dock. Just asking for an additional feet in length. • The Lakeshore Regulations started in the 1970’s, so the other docks beyond 100 feet may have been grandfathered in or would have obtained a variance as well. Tom Abshire, President of the Birch Hill HOA, was in attendance to represent the application and noted: • The current dock holds 6-2 boats depending on the water level. • The Birch Hill dock swings a bit to the North to provide adequate spacing between the docks, which in turn gives them less water depth due to the mudflat. • The images Tom provided were from Google Earth, which were taken in July of 2017. The noted distances were then confirmed again in August and September of 2021. • EZ dock provided a water depth profile with measurements from December of 2021 (noted in red). In addition, Birch Hill did their own measurements in August of 2021 (noted in orange). • The Wildwood dock is 200 feet and has 16 slips. • With the extension, Birch Hill would be at 163 feet and 6-8 boats on their dock. • Birch Hill looked at other options to minimize impact. • The Sheffels dock to the North is 65 feet at the closest point. The Abell dock is 107 feet at the closest point. The extension will only reduce the spacing to the Abell dock down to 100 feet. • The dock extension will have the least amount of impact. New dock configurations will reduce the spacing further. • The dock extension will not encroach on navigation. The Abell dock at 210 feet is the prominent dock on the main navigation path, which will put boaters out past the Birch Hill extension. • The extension will add 2 more boat slips, but won’t encourage more families to swim or kayak in the area. The proposal does not include a swim deck or an EZ dock kayak launcher that increase the number of water users and cause any navigation concerns. • Dock spacing in other areas of the Lake is 39 to 50 feet. • The proposal is for 2 more linear dock sections that will give Birch Hill 2 additional boat slips. Birch Hill looked into changing the configuration of the dock, but this would reduce spacing between docks, increase the dock profile, and cause a more visual impact, potentially blocking views of the Lake. The linear shape is least impactful. Members discussed the application with Tom, clarifying the following items: • The Birch Hill dock gets pushed out as the season progresses. The dock spacing is affected marginally by this because everyone else is pushing their docks out as well. The anchor points do not change as the dock gets pushed out. The application was opened to public comment and the following people spoke: • Marsha Sheffels (450 Parkway Dr.) is not in support of the Birch Hill dock extension due to navigation and safety concerns. Due to the big rock and sand bar, there is a navigation path boaters use in this area to avoid these hazards. A number of swimmers also use this area. The longer the dock, the further the swimmers will go out. In addition, the dock extension narrows the navigation pattern. This will be unsafe for both swimmers and boaters. • Koel Abell (355 Lost Coon Trail) is not in support of the Birch Hill dock extension due to encroachment concerns and property rights. The Abell dock was put in before Koel was born. In 1993 and 2003, the family received permits replace the docks and each time they have shortened the length of it. Currently, the Birch Hill dock exceeds the minimum riparian boundary. An extension would then encroach further on the riparian boundary. The Page 3 of 5 Lakeshore Protection Committee June 8, 2022 current regulations regarding the riparian boundary are not being met now. The Birch Hill anchor is closer to the Abell dock than their dock. At times, there are boats and jet skis moored on this anchor. There isn’t a property in Monk’s Bay that doesn’t suffer due to the low water. Even at 210 feet, the motors have to be lifted all the way up. • Judy Pettinato (440 Parkway Dr) is not in support to the Birch Hill dock extension due to safety concerns. If the docks go out further, then swimmers got out further. Boats are getting bigger. Monks Bay is getting shallower. If you let one person push their dock out, then you set a precedent and everyone who has a shallow problem will want to push their dock out. There is not much room in the Bay and she would not like to see it get worse. At 7:02 pm, Tara Zimmerman had to leave due to a prior commitment. With only 3 committee members left, there was no longer a quorum. Therefore, the discussion and vote had to be postponed until the next Lakeshore Committee meeting on July 13th. This application will be represented by staff at that meeting. The applicant and the public will have an opportunity to speak regarding this application at that time as well. A few members of the public still wished to speak and have their comments recorded for the meeting minutes: • Kitty Curtis (1267 Birch Hill Dr) is in support of the Birch Hill dock extension, along with 7 other Birch Hill homeowners that also attended the meeting. • Stew Stadler (1267 Birch Hill Dr) is in support of the Birch Hill dock extension. The extension will not change anything with the riparian boundary. • Koel Abell (355 Lost Coon Trail) noted that a riparian boundary is perpendicular to the shoreline. If you extend out further, then you are encroaching further. • Paul Flannigan (1220 Birch Hill Dr) is in support of the Birch Hill dock extension. He and his family swim off the end of the Birch Hill dock and will continue to do so if the dock extension is approved. They swim to the big rock. There is inherent risk with being in the water, but it is not negated or changed in any way if the dock is extended. They do not own a boat, so they do not have any specific interest in the length of the dock, but support the dock extension. • Dean Short (505 Parkway Dr) is in support of the Birch Hill dock extension. This is a no wake zone and there are not boats cruising past here because there is only 3 feet of water. He and his family understand that there is an inherent risk with being in the water, but they do not feel unsafe. If the application should be denied due to the potential safety risk, he asks the Committee give the applicant an opportunity to get an expert to do a safety assessment. This area does not see heavy traffic because the Bay is only used by the private docks adjacent to this community dock. • Patty Olson (1251 Birch Hill Dr) is in support of the Birch Hill dock extension. Swimmers have always gone out further due to the constant battle with swimmers itch because of the shallow, muddy water. Swimmers will go out in the Bay whether the dock extension is approved or not. Donna Emerson notified attendees that she used to swim and kayak off the Wildwood dock. She stopped swimming there because she had 2 close encounters with boats that were coming into the Birch Hill dock. 8. STAFF COMMENTS Summary: The Birch Hill HOA application will be represented to the Lakeshore Committee on July 13th and mostly likely to City Council in August. 9. COMMITTEE COMMENTS Summary: None. Page 4 of 5 Lakeshore Protection Committee June 8, 2022 10. ADJOURNMENT ACTION: The meeting is adjourned at 7:13 pm. Page 5 of 5